Quashed

Lovedeep Singh @ Lobi and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC18 Oct 2011CRM-M/15549/2011

Case brief

AI extract

What is this about?

The petitioner sought quashing of an FIR under sections 148, 323, 324, and 149 of the IPC citing a compromise. The Court relied on its own precedent regarding non-compoundable offences and a settlement between parties facilitated by respectable persons, ordering the quashment of the FIR and subsequent proceedings.

What did the court decide?

FIR No.2 dated January 2nd, 2009 under Sections 148, 323, 324 read with Section 149 IPC and subsequent proceedings therefrom quashed.

Lovedeep Singh @ Lobi and Ors. Vs State of Punjab… — Quashing and FIR | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc. No. M-15549 of 2011 (O&M) Date of decision: 18.10.2011.

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Lovedeep Singh @ Lobi and others

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..Petitioners

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Versus

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State of Punjab and others

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..Respondents

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CORAM: HON'BLE MR. JUSTICE NAWAB SINGH

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Present: Petitioners in person with Mr. G.S. Sidhu, Advocate.

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Mr. J.S. Bhullar, A.A.G. Punjab, for respondent No.1 – State.

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Respondents No.2 and 3 in person with Mr. Simranjit Singh, Advocate.

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NAWAB SINGH, J. (ORAL)

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By filing this petition, petitioners seek quashing of First Information Report (for short 'FIR) No.2 dated January 2^nd , 2009, registered under Sections 148, 323, 324 read with Section 149 of Indian Penal Code (for short 'IPC') in Police Station Talwandi Sabo, District Bathinda (Annexure P-1) on the basis of compromise (Annexure P-3).

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Initially, the FIR was registered under Section 307 IPC also apart from the sections mentioned here-in-above but the charge-sheet was submitted under Sections 326 etc. IPC only and not under Section 307 IPC, a fact which has not been disputed by learned State counsel.

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Grounds pleaded are that the parties have compromised the matter with the intervention of respectables and common relatives. Respondents No.2 and 3 have tendered their affidavits and added that there is no ill-will left and they want to live in peace and harmony in future. Indeed, the offences, for which the petitioners are facing trial, are non-compoundable. Notwithstanding that, there can not be any embargo in allowing the parties to

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Criminal Misc. No. M-15549 of 2011 (O&M)

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-2-

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compromise the matter in view of the law laid down by the Five Judge Bench's decision of this Court rendered in Kulwinder Singh & others Vs. State of Punjab and another, 2007 (3) RCR (Criminal) 1052. By quashing the FIR, the parties will be able to co-exist peacefully in future putting the end to the dispute for all times to come.

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In view of the above, the petition is accepted, FIR No.2 dated January 2^nd , 2009, registered under Sections 148, 323, 324 read with Section 149 IPC in Police Station Talwandi Sabo, District Bathinda (Annexure P-1) and subsequent proceedings arising therefrom, are hereby quashed.

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18.10.2011 (NAWAB SINGH) neetu JUDGE

Lovedeep Singh @ Lobi and Ors. v. State of Punjab and Ors.

Case brief

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What did the court decide?

Lovedeep Singh @ Lobi and Ors. v. State of Punjab and Ors.

Case brief

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What did the court decide?

What the court decided

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